What judicial review is
Judicial review is not a new application and it is not an appeal on the merits. The Federal Court looks at whether the decision was reasonable and whether the process was fair. If the Court agrees there was an error, it usually sends the file back to a different officer to decide again.
How it works
- Application for leave. We file and serve the application within the deadline and request the officer's reasons and notes.
- Arguments. We file a memorandum explaining why the decision was unreasonable or unfair.
- Leave decision. A judge decides whether the case can proceed to a hearing.
- Hearing. If leave is granted, the case is argued before a Federal Court judge.
Many cases settle along the way. The government may agree to reconsider the application without a hearing.
Decisions we review
- Study, work and visitor visa refusals
- Permanent residence refusals
- Sponsorship refusals without an appeal right
- Pre-removal risk assessment decisions
- Humanitarian and compassionate refusals
- Long delays (mandamus applications)
- Stay of removal motions
- Refugee Appeal Division decisions
Questions clients ask
What if I have missed the deadline?
A judge may allow more time for special reasons. The request for an extension must be made in the application for leave itself and is decided at the same time as leave. Contact us right away.
Will judicial review get my visa approved?
The Court does not approve applications. If you succeed, your application is usually sent back to be decided again by a different officer, who must take the Court's reasons into account.
Do I need to be in Canada?
No. Judicial review is a federal proceeding handled in writing and, if needed, at a hearing your lawyer attends. We act for applicants inside and outside Canada.
Should I reapply instead?
Sometimes a fresh application is faster or cheaper. We will compare the options with you at your consultation.